Chang and Liao and Ors (No 2)

Judicial Registrar Loughnan considered an application for costs by the second and third respondents against the wife in property proceedings that had concluded by orders made on 17 July 2009. The dispute concerned the wife's liability for the costs incurred by the second and third respondents in those earlier property proceedings.

The primary legal issue before the court was whether the wife should be ordered to pay the costs of the second and third respondents in the concluded property proceedings, and if so, the quantum and method of payment. The court also considered whether any orders should be made regarding the costs of the current application.

The court ordered that the wife pay $30,000 to the solicitor for the second and third respondents for their costs of and incidental to the property proceedings. This payment was to be made from the net proceeds of sale of a property at D, New South Wales, ranking after a specific prior obligation under the 17 July 2009 orders, which were varied for this purpose. Alternatively, if the wife received $75,000 from the husband prior to the sale of the D property, $30,000 was to be paid forthwith from that sum. In any event, the $30,000 was to be paid within six months from the date of the order. The wife was also ordered to advise the solicitor for the second and third respondents of the settlement date for the D property. No order was made in relation to the costs of the current proceedings.